LAKSHMINARASAMMA Vs. C V RAGHAVACHAR

JUDGEMENT

(1.) The suit property originally belonged to one Srirangachar. It consists of a house in Chamaraja Mohalla, Mysore City, bearing Door No.2895. He borrowed Rs.8,000 from C.K.Ramachandra Rao and executed a registered deed of simple mortgage in his favour hypothecating the suit property and another land situated at Doddegowdana Koppal, Srirangapatna Taluk. He again borrowed from A.N.Dattu Rao, Rs.1,000 on 21-3-47 and Rs.1,500 on 31-5-47 and executed two registered deeds of simple mortgage hypothecating the suit property. He also borrowed Rs.1,000 on 9-6-1951 from C.S.Raghunatha Rao and executed a deed of simple mortgage hypothecating the suit property as security.

(2.) The first mortgagee C.K.Ramachandra Rao filed a suit OS.122/51- 52 on the file of the Sub Judge's Court, Mysore, on 29-3-52 against the mortgagor alone for the recovery of the mortgage money then due by sale of the suit property, since he had released earlier from his mortgage the other mortgaged property, namely, the land. The suit was decreed. In execution of the said decree, the suit house was brought to sale and C.K. Ramachandra Rao himself purchased it on 29-11-55. The sale was confirmed on 9-1-56. The subsequent mortgagees were not impleaded in the suit filed by the first mortgagee.

(3.) On 6-12-56, Dattu Rao filed a suit on his mortgage bends dt.21-3-47 and 31-5-47 to recover the mortgage monies due to him in OS.716/56 in the Court of the First Munsiff, Mysore, against Srirangachar-the mortgagor and his sons, the legal representatives of the fourth mortgagee, who was dead by that time, and also against C. K. Ramachandra Rao, the first mortgagee.